Deephaven City Council
Monday, August 1, 2005
7:00 PM
1. CALL TO ORDER: Mayor Anderson called the meeting to order at 7:03p.m.
PRESENT: Mayor Tom Anderson, Councilmembers Kim Crockett, Keith Kask, Paul Skrede and John Wheaton
STAFF: City Administrator Dana Young, Police Chief Virgil Gustafson and Zoning Coordinator Gus Karpas
ABSENT: None
Motion by Councilmember Skrede to approve the consent agenda which includes the minutes of July 18, 2005 and verified's. Councilmember Kask seconded. Motion carried 5-0.
3. MATTERS FROM THE FLOOR
Mayor Anderson opened the Matters from the Floor portion of the meeting. Hearing no comment, the Matters from the Floor portion of the meeting was closed.
4. PUBLIC
HEARINGS
SPECIAL EVENTS PERMIT – Flynn
Construction,
Bob Flynn, Flynn Construction presented the request.
Councilmember Crockett presented the report from the Planning Commission. She said the Commission unanimously approved the request subject to parking being at City Hall and that there be no sign placed in front of the property to be viewed. The Planning Commission also asked the applicant to work with the Police Department to insure there will be no parking in the adjacent neighborhood.
Councilmember Wheaton asked for specifics on the shuttle service, such as the type of vehicle to be used. Mr. Flynn said he’s unsure the exact vehicle, but he anticipates the shuttle company using twelve passenger vans. He said the vehicle has to be smaller so it can navigate the steep driveway at the showcase site.
Commissioner Kask asked why the applicant did not want to place a sign in front of the home. Mr. Flynn said it was to discourage people from parking on site, which is tight.
Mayor Anderson opened the Public Hearing. Hearing no public comment, the Public Hearing was closed.
Mr. Flynn asked about posting a sign in front of City Hall to identify the parking area, since he has to list an address in the Remodeler’s guidebook. City Administrator Young said that would be alright, but that there must be some parking reserved on Friday during City Hall business hours.
Pam
Vasquez, Sela Architects, asked the Council what their objection was to the
placement of a sign in front of the home.
Mayor Anderson explained that
Councilmember
Wheaton moved to adopt Resolution No. 26-05 approving the Showcase Events
Permit at
5. UNFINISHED BUSINESS
A. Discuss Lakeyard Setback Standards
Zoning Coordinator Karpas discussed the submitted information and asked the Council on direction how to proceed with the drafting of the ordinance. He said you could add footnotes to the existing ordinance or draft a stand-alone ordinance.
Councilmember Skrede would support a stand-alone ordinance. Mayor Anderson said he was indifferent as long as the problem on the back bay is solved.
Councilmember Crockett would like to agree to the substance of the ordinance prior to drafting. She would like to see a stand-alone ordinance since it would be cleaner and easier to understand.
Mayor Anderson commented that the minimum setback permitted by the DNR is fifty feet. He asked for the thoughts of the other Councilmembers. Councilmember Crockett commented that there is a lesser setback for the other lakes in the city. Councilmember Wheaton said it would be helpful to know the history on the setbacks as they exist.
Mayor Anderson theorized that the one hundred-foot setback was an attempt to keep septic systems away from the lake.
Mark
Klesk,
Councilmember Skrede agreed and asked what good it would be to change the ordinance, but not addressing the underlying issue. He said that even cutting the setback in half doesn’t solve the problem since most of the home wouldn’t be able to be re-built or enlarged without a variance.
The Council discussed how the front yard setback, in combination with the lake yard setback, affected the ability to develop the subject properties. A suggestion to rezone the property to R-3 was briefly discussed.
Councilmember Crockett said rezoning the properties would affect the front yard setback in a neighborhood trying to set themselves further from the road due to traffic.
Councilmember Skrede said he would like to see each property with various setback scenarios, including a fifty, seventy-five and hundred foot setback. He would also like to see the building pad defined with a thirty-five and fifty foot front yard setback. He said the best way to solve the problem is to be thorough.
Mayor Anderson said the lake setback is the issue and if that’s changed, it will solve other issues on the properties. Councilmember Wheaton said the properties would have more flexibility, but would still require variances.
Councilmember Skrede said he was unwilling to make a decision without more information. He said there is no sense in reducing the lake yard if sixty percent of the properties would still need variances. The Council accomplishes nothing if these properties still need variances after the ordinance amendment.
Councilmember Crockett discussed the reduced setbacks for the other lakes in the city. Councilmember Kask noted that he was not supportive of reducing the setback on the back bay less than it currently is for the smaller lakes in the city. He feels this could create unintended consequences.
Mayor
Anderson said he feels the existing
Councilmember Wheaton agrees there is not enough data. He feels there are three objectives that need to be obtained through an ordinance change, move the homes further from the road, clearly define what make this area different from the rest of the city and to reduce the number of variance requests. He said he supports a fifty-foot setback.
Council directed staff to compile additional information on the subject properties.
B. Authorize Final Payment to Allied Blacktop for 2005 Seal Coating
City Administrator Young informed the Council that the city has not received the final bill for the overlay project, so no action is necessary at this time.
C. Review 2006 Capital Improvement Fund Budget
City Administrator Young gave an overview of the proposed Capital Improvement Fund for 2006. He said the city’s revenue sources are pretty standard with approximately one hundred sixty thousand coming from property taxes and ninety-one thousand coming from franchise fees. He said there may be some reoccurring items, which have been budgeted, but not purchased. He gave the example of the City Council table and chairs.
Councilmembers
Skrede and
Mayor Anderson asked if there was some grant money available to the city through the Homeland Security Department. Chief Gustafson said the pool of money has dried up and that the distribution process has changed over the years, giving areas with high threat levels greater access to the available monies.
Administrator Young said no action is needed on this item and that it will be included in the General Budget approved later.
Councilmember Skrede commented that he feels Mr. Young has done a good job in stabilizing the budget over the last couple of years. Mayor Anderson agreed and noted that expenditures are more under control.
D. Final Approval of 2006 Fire District Operating Budget
Councilmember Skrede gave an overview of the final budget explaining that the Fire Board increased the budget by two thousand dollars. He said he also received an explanation for the overage in the training budget last year, which was due to additional EMT training.
He said the Board agreed to work on some internal controls to eliminate overages.
Mayor Anderson discussed meetings he and Councilmember Skrede had with a sub-committee created to investigate response time. He said the goal is to have a minimum of eight firefighters responding to a call in eight and a half minutes. He noted that there are four areas in the district in which the drive time from the west side station exceeds eight and a half minutes. He said this would be eliminated if there were more people at the east side station. Unfortunately, firefighters tend to populate the west side station because it’s closer to their homes. He said the whole purpose of the subcommittee is to evaluate performance.
Councilmember Skrede commented that the original term for response time was “standard”, which has since been changed to “goal.” Councilmember Wheaton said a goal is a dream with a deadline and asked if there were cities with the same issue. Mayor Anderson said that Deephaven has three of the four main problem areas.
Mayor Anderson noted that another problem is the number of firefighters located near our station, with only seven of the forty-two firefighters closer to the east side station. He noted, however, that the situation is greatly improved from what it was six months ago.
Councilmember Kask moved to grant approval for the 2006 Fire District Operating Budget as submitted. Councilmember Wheaton seconded the motion. The motion carried 5-0.
6. NEW BUSINESS
A.
Approve
Temporary On
City
Administrator Young said that the
Councilmember
Crockett moved to approve the temporary on sale license for the
B.
Discuss
City
Administrator Young explained that a representative has approached the city
from Nextel Communications to place cellular tower in the City of
Liz Von
Zomeren, FHMC Corporation, spoke on behalf of Nextel Communications. She explained that her company does site
acquisition for Nextel and that they were approached this spring about thirty
locations where cell service cuts out.
One area is in the City of
She said
that Nextel is currently in lease negotiations with Xcel Energy to locate a
tower on their substation property at the corner of
She said the Xcel site has been researched by an RF Engineer who has determined that a tower between ninety-five and a hundred feet would be necessary to provide the needed coverage.
She commented that they investigated placing the tower on city property. Though it would be tight, it would be possible if the city were interested.
Mayor Anderson asked what the advantage would be to the city if it were located on its property. Ms. Von Zomeren said that Nextel typically enters into a lease agreement which is renewable every five years which pays the lessor a thousand dollars a month, increasing three percent each year. In addition, some cities also locate their own antennas and civil defense mechanisms on the tower.
Councilmembers discussed the height issues. Councilmember Kask noted that the City Hall campus was lower than the Xcel site. Ms. Zomeren said the tower may have to be higher at City Hall, but that the overall effect of that height would be less to adjoining properties.
Ms. Von Zomeren explained the process of co-location and the requirements of the Communications Act that their tower be available to competitors.
Mayor Anderson asked if Nextel ever did more beyond leasing a property, for example, work with a city to develop a park like area around their equipment. Ms. Von Zomeren said they are required to conceal their equipment as much as possible and that funds are available, but they are limited. Mayor Anderson said he had a property in mind, which would require some work, but he would like to create an area with parking, trails and an overlook area, which takes money. Ms. Von Zomeren said she would have to investigate the site, but that the city cannot impose unreasonable conditions to the placement of the tower if the cost should become prohibitive.
Councilmember Skrede asked about the lease fees paid by those companies, which co-locate on the Nextel tower, and where they go. Ms. Von Zomeren said they go to Nextel to offset the cost of construction and the lease.
The Council discussed the potential of locating the tower on city property and whether the presence of high voltage wires caused a problem with reception and maintenance of the tower. Ms. Von Zomeren said there are regulations regarding the placement of the tower in relation to power line and as for reception, the engineer would verify if there would be any disruption.
Councilmember Crockett asked about the provision in the Communications Act that the city may consult an engineer to discuss issues around the placement of the cellular tower and whether Nextel pays the cost for the engineer. Ms. Von Zomeren said they have in the past and that the city may include that cost in their ordinance.
Councilmember Kask summarized the request, saying that there would be a tower approximately one hundred foot in height and essentially, a garage to house Nextel’s equipment. He asked if the Council, as policy makers, could limit the number of companies constructing towers and their locations. Councilmember Skrede asked if the city could base its decision on the percentage of residents who use specific companies. Ms. Von Zomeren said the Communications Act prohibited cities from discriminating against any one company and could not base its decision on the number of subscribers a company may have in the locality.
Councilmembers expressed concern that they may find themselves in a situation where other companies approach the city requesting to build their own facilities rather than co-locating on Nextel’s tower. Ms. Von Zomeren suggested that the city draft an ordinance limiting towers to city owned property, which she believes, meets the intent of the Communications Act in regards to reasonable regulation.
The Council directed staff to begin drafting reasonable regulations for cellular towers which comply with the 1996 Federal Communications Act and to work with Ms. Von Zomeren to find a suitable site on city property in which to place a tower.
C. Review Proposed Nuisance Control Ordinance Amendments
Councilmember Crockett gave an overview of the work she and Councilmember Wheaton had done on reviewing the nuisance ordinance. She said she received letters and email from residents about specific issues they felt should be in the ordinance.
Mayor Anderson commented that most of the changes looked cosmetic in nature.
Councilmember Kask noted the proposed change to Section 535.03 to eliminate the current restriction on public consumption of alcohol. Councilmember Crockett disagreed and felt that residents should be given the option to enjoy beverages such as wine on city owned property. Councilmember Wheaton said he didn’t think residents would have a problem with public consumption and that actual drunkenness is a different issue and should remain illegal.
Councilmember
Skrede said that if we were to allow public consumption of alcohol, that the
Council had to be realistic and understand that would mean twenty somethings
would be permitted to drink beer at the
Mayor Anderson said he doubted the residents would want to expose their children to alcohol consumption a the public beaches. He reminded the Council that it wields enormous power in that they set the moral standards for the community.
Councilmember Crockett discussed the issue of the storage of vehicles on private property, which she feels is an item citizens want addressed. There have been concerns raised about recreation vehicles and commercial vehicles stored on driveways. In addition, the number of vehicles stored on a property has been an issue. Councilmember Crockett feels the city needs to adopt ordinances, which prohibit the outdoor storage of large numbers of vehicles, regardless of the type.
Mayor Anderson said there may be some problems regulating commercial vehicles used by residents for transportation to and from work and a limitation on where recreation vehicles can be stored. Councilmember Crockett said the current ordinances don’t regulate any of the mentioned issues unless the vehicles in question are not current on their tabs.
Crockett feels that staff should be given more power to regulate, especially in those instances where large numbers of vehicles are being stored.
Councilmember Kask said that the proposed changes discussed don’t have simple fixes and must be investigated and discussed in more detail. Mayor Anderson added that a number of the issues have been policy issues in existence for a number of years. He would like to see these items placed on an agenda for discussion and would like to hear what the public feels about any proposed changes.
Councilmember Crockett discussed a number of other issues not currently addressed in the ordinances, including vegetative covering on lawns and the maintenance of structures. She feels the city must take steps to regulate the appearance of the community.
Mayor Anderson said he felt that just because an item is not specifically identified in the ordinance, staff can regulate what they feel is a violation of the ordinance. He said the assumption that an ordinance is not enforceable does not make it so.
D. Other
Councilmember Skrede said he had two issues. The first was to seek City Council comments on a proposal to place a comment sheet on the website to allow residents to discuss their service experiences with MediaCom. Councilmembers supported the idea.
Councilmember Skrede informed the Council that the Excelsior Fire District firefighters would like to purchase an All Terrain Vehicle (ATV). The firefighters say an ATV will allow them flexibility and grant them access to areas not attainable by trucks. They have found most the money needed for its purchase through donations. Councilmember Skrede said that this item has not be included in the 2006 capital improvement budget.
Mayor Anderson said he would like to have a historical perspective on specific situations in which an ATV would have saved a life or property. Otherwise, he’s not supportive of using Fire District funds for its purchase. The other Councilmembers were in agreement.
7. REPORTS
FROM BOARDS, COMMITTEES AND DEPARTMENTS
A. Public Safety
Police Chief Gustafson informed the Council that City Hall was hit by lightning causing a number of issues including damaging the back-up generator and knocking off the city’s fire protection system off line. He hired two electricians to look at the damage done to the circuit boxes, which was minor. They suggested that the city purchase surge protectors for the circuit boxes, at a cost of $300 a piece.
Chief Gustafson said there may be an issue with the radio towers not being grounded and that he will investigate that issue further and correct it if necessary.
Councilmember Wheaton said that he received complaints about the loose rocks on the roads recently seal coated and asked if there was anything, which could be done about them. Administrator Young said the streets have already been swept and that the rocks have to settle.
Chief Gustafson informed the Council that there have been some changes in the State Statutes, which went into effect today. The first is that motorized scooters are now street legal for those over twelve years of age and secondly, the State has limited the amount a Police Department can charge for accident report. Previously, the department was able to charge five dollars for the first page and twenty-five cents for each additional page. The law now limits the expense to twenty-five cents per sheet.
B. Public Works
City Administrator Young briefed the Council on Public Works activities.
C. Administration
City Administrator Young gave an overview of some issues of note to the Council. He said there has been a Canadian Goose study showing an increase in the population. Even so, there is no need for a goose control program this year.
Young
informed the Council that the cost for inspection services from the City of
Mr.
Young said that he and Chief Gustafson met with a consultant with the City of
D. Other
Councilmember Wheaton reminded the Council and viewing audience about Deephaven Days taking place the weekend of August 13th.
ADJOURNMENT
Motion by
Respectively submitted,
Gus Karpas
Zoning Coordinator